DePuy Orthopedics Hip Lawsuit Settles for $4 Million

DePuy Orthopedics Hip Lawsuit Settles for $4 Million

DePuy Orthopedics hip lawsuit settles for $4 million with the Oregon Department of Justice over allegations that the all-metal hip manufacturers knew that the devices were prone to failure and marketed them to the public anyway.

DePuy Orthopedics hip lawsuits allege that the company launched their metal-on-metal hip implant without thoroughly testing and researching it. It became cleared through a narrow pathway called the 510(k) approval process, which did not require it to undergo clinical trials.

The FDA received 300 complaints regarding device failure and personal injury from the DePuy all-metal hip implants. An estimate suggested that around 35,000 all-metal DePuy ASR hip implants had been used on United States patients between 2006 and 2010, when DePuy recalled 93,000 units of the all-metal hip device. While the company claimed that the all-metal hip implants would last longer than other models of artificial hips, such as ceramic and metal or plastic and metal, the devices actually failed at a higher rate, often earlier than 5 years.

About 432 of the all-metal hip devices were sold in Oregon between 2005 and 2010, according to the state’s lawsuit. The settlement obtained about $10,000 per all-metal hip device, resolving claims against DePuy Orthopedics that the company violated the Unfair Trade Practices Act when it made unsubstantiated claims about the all-metal hips’ effectiveness.

“Oregonians in need of a hip replacement deserve to know that the artificial hip they are contemplating in fact has the qualities, and benefits, that a company advertises,” said Oregon Attorney General Ellen Rosenblum. “Doctors also need to know that the products they suggest to their patients meet certain standards; and no company should be permitted to exploit that basic tenet.”

A corporate filing in May of this year from Johnson & Johnson, the parent company of DePuy Orthopedics, disclosed that the medical device manufacturer was under investigation not only from the Oregon Department of Justice, but was part of a multistate investigation from the US DOJ.

DePuy issued the following statement: “We are fully committed to the appropriate and responsible promotion of all of our products. As the agreement states, this is a settlement of a disputed matter. There is no admission of any legal violation, and DePuy denies any such violation. Resolving this investigation will allow us to continue focusing our full attention on delivering innovative healthcare solutions for patients and their families in Oregon and across the country.”

The medical device manufacturer also recently settled a multidistrict litigation (MDL) that had about 8,000 plaintiffs for $2.5 billion. DePuy has been negotiating the settlement amount since it agreed to pay the victims of all-metal hip implant defects in November 2013. The original agreement set the base rate, which would cover the cost of a hip implant replacement, at $250,000 per plaintiff. In March of this year, a settlement amount of $4 billion was proposed in the defective device litigation.

The Strom Law Firm Can Help with Defective Medical Device Cases

If you or a loved one has received a metal hip replacement device, and have since suffered painful side effects, you may be entitled to compensation. The attorneys at the Strom Law Firm can help. We offer free, confidential consultations to discuss the facts of your case. Give us a call today. 803.252.4800.

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